This chapter may be cited and referred to as the "Land Use Ordinance
of the City of East Orange."
It is the intent and purpose of this chapter to:
A.Â
Encourage the appropriate use and development of all lands within
the City in a manner which will promote the public health, safety,
morals and general welfare.
B.Â
Regulate the use, size, type and location of buildings and other
structures as well as the size and location of yards and open spaces
in relation to buildings.
C.Â
Provide for the uses of land in each district considering its peculiar
suitability for particular uses and to encourage the most appropriate
use of land.
D.Â
Provide a zoning plan which is substantially consistent with the
land use plan element of the adopted Master Plan of the City of East
Orange.
E.Â
Provide regulations and standards to guide land subdivision and site
plan review.
F.Â
Confer the greatest power of local self-government consistent with
the Constitution of this state to do any act authorized expressly
or impliedly by the adoption of this chapter. Any specific enumeration
of municipal powers contained in this chapter shall be construed as
in addition and supplementary to the powers conferred in general terms
by the Municipal Land Use Law[1] and general statutory body of law. This chapter shall
be liberally construed in favor of the City.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.Â
The following additional documents are incorporated into and made
part of this chapter and may be obtained from the Administrative Officer:[1]
(1)Â
The Zoning Map of the City of East Orange.
(2)Â
Application submission checklist.
(3)Â
Zoning permit form.
[1]
Editor's Note: These additional documents are available from
the City offices.
B.Â
The rules, regulations and standards set out in this chapter shall
be considered the basic requirements for the protection of the public
health, safety and welfare of the citizens of the City of East Orange.
A.Â
All words used in this chapter in the present tense include the future
tense; all words in the plural number include the singular number
and all words in the singular number include the plural number, unless
the natural construction of the wording indicates otherwise.
B.Â
Unless otherwise specified, all distances shall be measured horizontally.
C.Â
The word "building" includes the word "structure."
D.Â
The word "lot" includes the word "plot."
E.Â
The word "used" shall be deemed also to include "designed, intended
or arranged to be used."
F.Â
The term "erected" shall be deemed also to include "constructed,"
"reconstructed," "altered" or "moved."
G.Â
The word "shall" is mandatory and not directory.
H.Â
The word "zone" includes the word "district."
I.Â
The word "City" means the City of East Orange in the County of Essex,
State of New Jersey.
J.Â
The terms "City Council," "Board of Adjustment," "Planning Board,"
"Construction Official" and "Administrative Officer" mean the respective
boards and officers of the City of East Orange.
K.Â
This chapter should be interpreted consistent with the Municipal
Land Use Law, other applicable statutes, rules, regulations and ordinances
of the City of East Orange, notwithstanding a specific reference to
a particular statute, rule, regulation or ordinance.
As used in this chapter, the following terms shall have the
meanings indicated:
A detached building separate from the principal building
on the same lot, the use of which is customarily incidental and subordinate
to that of the main buildings or to the use of the premises.
The Zoning Officer or person in a similar position employed
within the Department of Policy, Planning and Development of the City
of East Orange.
A public or private way open to public use, primarily for
service and access to the rear or side of the properties abutting
on a street.
A system of electrical conductors that transmit or receive
radio frequency signals for wireless communications, including amateur
radio facilities, commercial wireless communication systems, commercial
telecommunications facilities, and facilities that serve mobile telephone
and data devices, which are licensed by the Federal Communications
Commission.
A structure other than a telecommunications tower which is
attached to a building and on which one or more antennas are located.
One or more rooms with private bath and kitchen facilities
comprising an independent self-contained dwelling unit.
Any building or portion thereof which contains three or more
apartment dwelling units.
A group of residential buildings of a similar architectural
style, each building fronting either on a public street or on a common
yard or court and each building containing not fewer than four dwelling
units and being of limited height as provided in this chapter.
A multifamily structure with a minimum height of six stories.
An apartment building containing from three stories to not
more than five stories.
A developer submitting an application for development.
A building type that is typically a commercial property that
has been converted from a single-family dwelling and expanded with
an apron, which is created when commercial design elements are added
to the ground-floor space between the original structure and the sidewalk.
A building or structure used for public gatherings or meetings.
An architectural projection that provides weather protection,
identity or decoration and is wholly supported by the building to
which it is attached. An awning consists of a lightweight, rigid skeleton
structure over which a covering is attached. (See "valance.")
Any establishment wherein any one or combination of the following
practices is performed by a state licensed barber:
Shaving or trimming of the beard, mustache or other facial hair;
Shampooing, cutting, arranging, relaxing or styling the hair;
Singeing or dying of the hair;
Applying cosmetic preparations, antiseptics, tonics, lotions
or creams to the hair, scalp, face or neck;
Massaging, cleansing or stimulating only the face, neck or scalp,
with or without cosmetic preparations, either by hand, mechanical
or electrical appliances; or
Cutting, fitting, coloring or styling of hairpieces or wigs,
to the extent that the services are performed while the wig is being
worn by a person.
The portion of the building that is partly underground, which
has more than 1/2 of its height, measured from clear floor to ceiling,
above the average adjoining ground level. Where the natural contour
of the ground level immediately adjacent to the building is interrupted
by ditching, pits or trenching, then the average adjoining ground
level shall be the nearest natural contour line parallel to the walls
of the building without regard to the levels created by the ditching,
pits or trenching. A basement is counted as a story for the purposes
of height regulation unless it is used exclusively for incidental
or accessory storage or for the housing of mechanical equipment. (See
"cellar.")
Any establishment where one or a combination of the following
practices is performed by a state licensed beautician, cosmetologist-hairstylist
or skin care specialist, as appropriate:
Shaving or trimming of the beard, mustache or other facial hair;
Shampooing, cutting, arranging, dressing, relaxing, curling,
permanent waving or styling the hair;
Singeing, dying, tinting, coloring or bleaching of the hair;
Applying cosmetic preparations, antiseptics, tonics, lotions,
creams or makeup to the hair, scalp, face or neck;
Massaging, cleansing or stimulating the face, neck, scalp or
upper part of the body, with or without cosmetic preparations, either
by hand, mechanical or electrical appliances;
Removing superfluous hair from the face, neck, arms, legs or
abdomen by the use of depilatories, waxing or tweezers, but not by
the use of electrolysis;
Cutting, fitting, coloring or styling of hairpieces or wigs,
to the extent that the services are performed while the wig is being
worn by a person; or
Hairweaving to the extent that the procedure does not involve
the replacement of human hair by means of the insertion of any natural
or synthetic fiber hair into the scalp.
Any establishment or place licensed by the New Jersey State
Board of Cosmetology and Hairstyling to be maintained for the purposes
of teaching cosmetology and hairstyling to registered students.
A sign larger than eight square feet directing attention
to or advertising a business, product, commodity, service, entertainment
or facility not located, conducted, sold or offered upon the premises
where such sign is located or which calls public attention to a candidate,
cause or public issue. (See "sign, advertising"; "sign, pylon"; "sign,
roof" and "sign, wall-mounted.")
A billboard that incorporates digital video display technology
within all or part of its display area and is a type of sign that
is not permitted in any part of the City of East Orange, New Jersey.
A set of properties abutting on one side of a street and
lying between the two nearest intersecting or intercepting streets,
or between the nearest intersecting or intercepting street and a railroad
right-of-way, parking, boundary or waterway.
The Board established pursuant to the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq.
Any dwelling regulated pursuant to N.J.S.A. 55:13B-1 et seq., whether furnished or unfurnished, with one or more independent rooming units in which there are sleeping accommodations occupied by or available for occupancy by four or more persons and where meals are regularly served by the owner or operator of said dwelling; and where there is no agreement between operator and occupant to assist in bathing or dressing or providing other type of supervision; and by reason of the same, the accommodations are not suited for occupancy by disabled persons or persons requiring special care in accordance with Chapter 159; except that hotels, as defined by N.J.S.A. 55:13A-3, containing 15 or more rooms or accommodating 30 or more persons, shall be excluded therefrom.
Any dwelling regulated pursuant to N.J.S.A. 55:13B-1 et seq., whether furnished or unfurnished, with one or more independent rooming units in which there are sleeping accommodations occupied by or available for occupancy by one or more adult persons and where meals are regularly served by the owner or operator to the occupants; and where, by reason of the needs of the occupants, there is provided assistance in bathing or dressing or providing other types of supervision to assure safety at all times to all of the occupants, and thereby occupancy is suited to persons requiring special care but not for disabled persons. Where not more than two disabled persons or persons requiring special care, as defined in Chapter 159, live with persons to whom they are related by blood or marriage as part of a common household, the dwelling unit in which they reside shall not be a Class B boardinghouse pursuant to this definition.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The total of areas taken on a horizontal plane at the largest
level of the principal building and all accessory buildings, exclusive
of uncovered decks, terraces and steps but inclusive of porches.
A line parallel to the front lot line at any story level
of a building and representing the inner edge of the front yard setback
and the corresponding outer edge of the buildable area.
A building in which is conducted the principal use of the
lot on which it is situated.
A structure that is determined by a building's height, scale,
use and location of the building on its lot.
An architectural projection or structure without walls that
provides weather protection, identity or decoration and is supported
by the building to which it is attached and/or support posts. A canopy
also includes a rigid structure over which a covering is attached,
such as those used at formal building entrances, and it includes the
canopies used to provide a roof-like structure above gasoline filling
station pumps.
The lowermost portion of the building partly or totally underground,
having 1/2 or more of its height, measured from clear floor to ceiling,
below the average adjoining ground level or with a floor-to-ceiling
height of less than 6Â 1/2 feet. Where the natural contour of
the ground level immediately adjacent to the building is interrupted
by ditching, pits or trenching, then the average adjoining ground
level shall be the nearest natural contour line parallel to the walls
of the building without regard to the levels created by the ditching,
pits or trenching. A cellar is not included in computing the number
of stories for the purposes of height measurement. (See also "basement.")
An establishment which provides care and supervision of preschool
or school-age children during all or part of the day and which is
licensed, staffed and equipped in accordance with the requirements
of the State of New Jersey.
Systems, structures and physical improvements for the movement
of people, goods, vehicles, water, air, sewage or power by such means
as streets, highways, railways, waterways, towers, airways, pipes
and conduits and the handling of people and goods by such means as
terminals, stations, warehouses and other storage buildings or transshipment
points.
A building or premises reserved for the exclusive use of
members of an organization and their guests for civic, charitable,
social or recreational purpose not conducted for gain or profit.
Use of common personal wireless communications facilities
(PWTF) or a common site by two or more wireless license holders or
by one wireless license holder for more than one type of communications
technology and/or placement of a PWTF on a structure owned or operated
by a utility or other public entity.
An area immediately inside an exterior window of a commercial
establishment, dedicated to the display of merchandise and/or information
regarding products and services furnished by the establishment.
Every type of vehicle registered and used for commercial
purposes, such as transportation of goods, wares, merchandise and
passengers, except vehicles of the passenger-car type and the type
commonly known as "station wagons," but including trailers and construction
equipment of every kind.
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
Any community residential facility, licensed pursuant to
N.J.S.A. 30:11B-1 et seq., providing food, shelter and personal guidance,
under supervision as required, to not more than 15 developmentally
disabled or mentally ill persons as defined under N.J.S.A. 40:55D-66.2a.
Any shelter as approved and certified by New Jersey Department
of Human Services, providing food, shelter, medical care and other
services to not more than 15 persons who have been victims of domestic
violence.
A structure or portion of a structure where the principal
use is the housing of computer servers for off-site computer operations
such as for backup data storage, Internet service hosting, or remote
server hosting. Facilities known as "Internet hotels" or "telecom
hotels" are included in this definition.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location and/or operation of such use as contained in Chapter 51, Land Use, and upon the issuance of an authorization therefor by the Planning Board.
A development of residential dwelling units exclusively for
persons who are at least 62 years of age or older, which provides
a continuum of accommodations and care, including at least the following
three components: independent living, assisted living and nursing
care units; and which provides continuing care as an integral part
of the residential development. Continuing care for a CCRC permitted
use is the provision of lodging and nursing, medical or other health-related
services at the CCRC or another location to an individual pursuant
to an agreement effective for the life of the individual or for a
period greater than one year and in consideration of the payment of
an entrance fee, with or without other periodic charges, provided
that the person receiving the care is not related to the person who
provides the care.
An unoccupied space, other than yard space, unobstructed
to the sky, bounded on three or more sides by exterior building walls
or other enclosing devices, on the same lot with a building. A court
extending to a yard is an outer court. The length of an outer court
is the mean horizontal distance between the open and closed ends of
the court. The least dimension of a court at any level is the least
of the horizontal dimensions between the ends of the court and shall
be deemed to be the mean distance between these ends. The height of
a court at any given level shall be measured from the lowest level
of such court as actually constructed or from the curb level, whichever
is higher.
That percentage of the lot area covered by building area.
A dead-end street or alley with a turnaround at the end.
A roofless, floored structure, typically with a railing,
that adjoins a structure. (See "porch.")
The permitted number of dwelling units per gross area of
land to be developed.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure
or of any mining, excavation or landfill, and any use or change in
the use of any building or other structure or of land or extension
of use of land, for which permission may be required pursuant to this
chapter. This definition includes the subdivision of land.
See "billboard, digital."
A vehicle in, upon or by which a person or property may be
transported, which is in such state or condition that it is incapable
of being operated under its own power or is in such state or condition
that, if operated, it would constitute a hazard.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and the means necessary for water supply preservation or for prevention
or alleviation of flooding.
A facility utilized for the on-site consumption of alcoholic
beverages subject to the regulations of the Alcoholic Beverage Commission.
The compulsive or habitual use of any narcotic drugs, as
defined in N.J.S.A. 24:21-2.[1]
Any building wherein the acts of prevention of drug addiction,
attempted cure of drug addiction or treatment of the same is carried
on.
Any structure designed for use by human occupants for sleeping
and living purposes, whether occupied or vacant, except that the foregoing
shall not apply to hotels as defined in N.J.S.A. 55:13A-3.
A structure containing three or more dwelling units.
Any dwelling containing only one dwelling unit, within which
unit there shall be no more than two roomers without incidental cooking
facilities.
Where the term "dwelling" is modified by designation of the
number of families, the same shall by modifying term be construed
to mean that the building is designed to contain the number of dwelling
units equivalent to the number of families specified.
Any room or group of rooms located within a dwelling forming
independent living facilities for one or more persons living as a
single housekeeping unit, which includes permanent facilities for
living, sleeping, cooking, eating and sanitation.
Retail establishment selling food and drink for consumption
on the premises.
The principal exterior face(s) of a building to the street,
including, but not limited to, the wall, windows, window sills, doorways
and such traditional design elements as horizontal lines, cornice
and parapet.
One or more persons not necessarily related by blood, marriage,
adoption or guardianship living together as a single housekeeping
unit under a common housekeeping management plan based upon an intentionally
structured relationship.
A home occupation in a private residence approved by the
Division of Youth and Family Services (DYFS) or provided by an organization
with which DYFS contracts for family day care, in which child-care
services are provided to no fewer than three and no more than five
children for no less than 15 hours per week.
The official action of the Planning Board or Zoning Board
of Adjustment taken on a preliminarily approved major subdivision
or site plan after all conditions, engineering plans and other requirements
have been completed or fulfilled and the required improvements have
been installed or guaranties properly posted for their completion
or approval conditioned upon the posting of such guaranties.
Any fabric or flexible material attached to or designed to
be flown from a flagpole or other similar structure and which represents
or symbolizes an organization, group, cause, event, activity, or unit
of government.
A dwelling unit, regardless of ownership or rental tenancy,
comprising all of its habitable space in a single floor of a multistory
residential or mixed-use building.
The entire floor area of a building measured for each floor.
The entire floor area of a building measured for each floor
to the interior perimeter of the exterior wall of the building, other
than the cellar, halls, vestibules, elevator shafts, stairwells and
toilet areas, which shall not be included; provided, however, that
where the cellar is utilized for any purposes other than utilities
and storage, then the cellar area shall be included in the calculation
of total floor area.
The ratio of the aggregate area of all floors of buildings
or structures as measured at the exterior walls of each floor relative
to the total area of the lot.
A building or structure, including billboards, built directly
on and anchored to the land and not attached to any other structure.
An accessory building or part of a main building used for
the storage of motor vehicles as an accessory use.
A building or part thereof used for auto body work, auto
body spray painting or auto body welding.
Any building or premises used only for the storage of one
or more automobiles, commercial trucks or other self-propelled vehicles
owned and used by not more than one person, firm or corporation and
where such vehicles are incidentally serviced.
Any building or premises used only for the housing of motor
vehicles pursuant to previous arrangements and at which automobile
fuels and oils are not sold to the general public and motor vehicles
are not equipped, repaired, hired or sold.
A building designed for the storage of not more than three
motor vehicles, of which not more than one truck may exceed 1/2 ton
and in which no other business, services or industry connected with
motor vehicles is conducted or rendered.
Any building or premises in which a business, service or
industry connected with motor vehicles is conducted or rendered and
shall include all premises used for motor vehicles, either housed
or unhoused, except automobile salerooms conducted exclusively for
the exhibition of such vehicles.
A building or part thereof, other than an accessory garage
or parking garage, used for the storage, care or repair of motor vehicles,
including the sale of fuel and lubricants but not including auto body
work, welding or spray painting.
See "apartments, garden."
Any premises designed for the sale of gasoline and for other
sales and services incidental to operation of motor vehicles and in
conjunction therewith, but not including any auto repair shop, licensed
parking lot for fee, or other industrial services.
The curb level on a level lot. Where the lot level is higher
or lower than the curb level, the average level along the wall in
question shall be taken as the base for measuring the height of a
building, yard or court.
The vertical distance measured in the case of flat roofs
from the curb level to the level of the highest point of the roof
beams adjacent to the street wall, and in the case of pitched roofs,
from the curb level to the average height of the gable. In the case
of both flat roofs and pitched roofs, the measurement shall be made
through the center of the street facade. Where no roof beams exist
or there are structures wholly or partly above the roof, the height
shall be measured from the curb level to the level of the highest
point of the building. Where the front wall of a building is more
than 20 feet from the street line, the average level of the ground
adjoining the walls of the building may be taken in measuring its
height instead of the curb level.
See, "apartments, high-rise."
A multistory structure at least four stories in height, containing
elevators and used as business, professional or governmental offices.
Any legal occupation performed by a state-licensed professional within a residential dwelling, other than that of operating a beauty parlor, barbershop, boardinghouse, lodging house or nursing home (including tourist home and convalescent home), massage or similar establishment, offering services to the general public and subject to standards under Article XXIII (§ 51-122). Such use shall not have any signage, no employees other than members of the household, no deliveries above one delivery by parcel-post type service per day, and no display from the exterior that would indicate that the premises is being used for any purpose other than that of a dwelling.
A facility for the primary health services and medical or
surgical treatment of patients, for in-hospital and outpatient care,
and including, as an integral part of the institution, related facilities
such as laboratories, outpatient facilities, training facilities,
medical offices and staff residences.
Any building having sleeping rooms that are provided for hire, with or without meals or meeting facilities. Any hotel permitted by Chapter 51, Land Use, shall meet the following criteria:
It shall not be a permanent/primary residence for its users.
It shall not contain a self-service guest laundry.
No guest shall use the hotel as his residential address.
Minimum rental period for each sleeping or other non-meeting-type
room shall be 24 hours; maximum period is six months.
All rooms shall only have access by way of a common lobby and
hallway. There can be no direct access to a room from a parking space
by way of an outside doorway at the room or direct access to a garage.
"Motels" or "motor hotels" shall not be permitted.
Minimum guest room size shall be 150 square feet, and minimum
bathroom size for each room shall be 60 square feet. (See "lodging
house.")
The use of the area of any lot for the storage, keeping,
placing, collecting, storing or abandoning of any waste or discarded
materials obtained from dismantled buildings, old iron or other metal
or substance, glass, paper, machine parts, accessories, discarded
machines in whole or in part, motor vehicles not in operating condition,
used parts of motor vehicles and any material acquired or collected
commercially and commonly known as "junk" in the ordinary meaning
of the word or any of the above items. Exempt from this definition
is a structure's garbage room or site's enclosure for temporary storage
only of waste generated on site.
Ground, soil or earth, including structures on, above or
below the surface.
A building type that is a building or portion of a building
constructed between the facade of a parking garage, cinema, supermarket
or other large building and that building's lot line to conceal large
expanses of blank wall area. Liner buildings face the street with
a facade that has ample doors and windows opening onto the sidewalk.
A building that combines living space with work space that
is related to the livelihood of the building's occupants. All of these
uses may occupy any story of the building. A live-work building may
include one unit or multiple units and may be an attached or detached
unit.
The area of all portions of the dwelling actually used for
or designed to be used by the residents thereof for cooking, eating,
sleeping, recreation and storage of personal belongings and effects.
Any off-street space not less than 12 feet wide and 45 feet
long and having a clearance height of 15 feet, surfaced to be available
in all weather, suitable for the loading or unloading of goods and
having direct access to a street or an alley.
Any dwelling, whether furnished or unfurnished, in which
there are one or more independent rooming units where there are sleeping
accommodations for occupancy or available for occupancy by four or
more persons and where there is no agreement between the operator
and any occupant for feeding, personal care or special supervision
or attention, except that hotels, as defined in N.J.S.A. 55:13A-3,
containing 15 or more rooms or accommodating 30 or more persons shall
be excluded therefrom. (See "hotel.")
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A lot abutting on two or more streets at their intersection.
That portion of a lot covered by the sum of the largest floor
areas of all structures, both principal and accessory.
The length of a straight line drawn from the center of the
front lot line to the center of the rear lot line.
The narrower side of the lot abutting a street, regardless
of the location of the principal entrance of a building thereon. Where
two lot lines abutting streets are of equal width, the owner shall
have a choice in designating which shall be the lot frontage.
A lot other than a corner lot.
Any boundary line of a lot.
The street line of a lot.
The lot line which is most distant from and most nearly parallel
to the front lot line.
Any lot line which is not a front lot line or rear lot line.
A lot abutting on two parallel or approximately parallel
streets.
The mean width of a lot measured at right angles to its depth
at the building line.
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvements required by this
chapter.
Any site plan not classified as a minor site plan.
Any subdivision not classified as a minor subdivision.
A permanent roofed structure attached to and supported by
the building and that projects into the public right-of-way.
A composite of one or more written or graphic proposals for
the development of the municipality, as set forth in and adopted pursuant
to § 19 of the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.[2]
A type of office structure containing a group of professional
offices for medical and osteopathic physicians, dentists and other
practitioners having state licenses in the healing arts. The building
may contain a pharmacy which is not visible, identified or accessible
directly from the street.
See "apartments, mid-rise."
A development plan of one or more lots, which does not involve:
Planned development of any new street or extension of any off-tract
improvement which is to be prorated;
An enlargement of an existing building by not more than the
lesser of 2,000 square feet or 10% of the floor area or construction
of a building of less than 2,000 square feet;
An enlargement of existing driveways and parking areas and related
site improvements by more than the lesser of 10% of the lot area or
1,000 square feet.
A minor site plan also does not consist of a:
Subdivision of land for the creation of three or fewer lots,
provided that such subdivision does not involve a planned development,
any new street or the extension of any off-tract improvement.
A building or building type that includes more than one use.
Any portable or mobile structure or vehicle used as a dwelling
unit or for sleeping purposes, whether or not such vehicle or structure
is attached to a foundation.
Any business operated by a state-licensed manicurist, cosmetologist-hairstylist
or beautician whose primary purpose is providing manicures, pedicures
or other fingernail and/or toenail cosmetic treatment.
All buildings and places of public assembly, including all
rooms, lobbies and other spaces connected thereto with a common means
of egress and entrance, designed for use as dance halls, eating and/or
drinking establishments, and similar occupancies, in which the established
maximum permitted occupant load exceeds the number of seats provided
by more than 30% or which affords less than 12 square feet net area
per occupant in the room or rooms used for public assembly.
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of Chapter 51, Land Use, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption, revision or amendment of Chapter 51, Land Use, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
Any building in which two or more disabled persons, as defined in Chapter 159 of the Code of the City of East Orange, are housed for purposes of care, special attention, treatment or supervision and are housed for such purposes overnight or longer, but dwellings where not more than two disabled persons live with members of their families to whom they are related by blood or marriage shall be excluded therefrom.
An office for or containing only one professional practitioner.
A map adopted by ordinance pursuant to the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
See "parking lot."
Any parcel or land area or water essentially unimproved and
set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
Any outside area on a lot which is accessible or available
to all occupants of the building on such lot and is allocated, appropriately
designed, developed and maintained for outdoor recreation purposes.
Area required may be provided by private balconies having a minimum
width of 4Â 1/2 feet and a minimum length of six feet. Those areas
designated or used for driveways, parking, services and the required
front yard shall not be considered "outdoor usable open space," provided
that a ground level surface area provided on top of underground parking
or service facilities, if otherwise suitable and appropriate, may
be included in the computation as required herein.
The owner or owners in fee of the property of a lesser estate
therein, a mortgagee or vendee in possession, and assignee of rents,
receiver, executor, trustee, lessee or any other person, firm or corporation,
directly or indirectly in control of a building, structure or real
property, and shall include any subdivision thereof of the state.
Any open, unoccupied space used or required for use for parking
of private automobiles or other private vehicles exclusively, and
in which no gasoline or automobile accessories are sold and no other
business is conducted.
An open-air plot of ground, lot or land on which motor vehicles
are parked, kept or located for a parking fee or parking charge and
in which no gasoline or automobile accessories are sold and no other
business is conducted. (See "parking structure.")
An off-street space available for the parking of one motor
vehicle, being at least nine feet wide and 18 feet in length, exclusive
of passageways and driveways appurtenant thereto, and having direct
usable access to a street or alley. All parking spaces, whether open
or enclosed, shall be paved.
A space within the right-of-way of a street available for
the parking of one vehicle approved in accordance with the provisions
of this chapter.
A multistory structure within which motor vehicles are parked,
kept or located for a parking fee or parking charge, and in which
no gasoline or automobile accessories are sold and no other business
is conducted. (See "parking lot.")
A primary or secondary school supported by a religious organization.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
Any security which may be accepted by a municipality, including
cash, provided that a municipality shall not require more than 10%
of the total performance guaranty in cash.
Use related to the office or place of business maintained
for conduct of one of the following legal occupations: cleaner, barber,
tailor, beautician, manicurist or similar occupations.
Facilities for the provision of personal wireless services.
Commercial mobile services, unlicensed wireless services
and common carrier wireless exchange access services.
Accessory facilities serving and subordinate in area, extent
and purpose to, and on the same lot as, a telecommunications tower
or antenna location. Such facilities include, but are not limited
to, transmission equipment, storage sheds, storage buildings and security
fencing.
Facilities for the provision of wireless communications services,
including, but not limited to, antennas, antenna support structure,
telecommunications towers and related facilities other than PWTFs.
A building or portion thereof designated and built for the
gathering of a group of persons for civic, political, travel, religious,
social, public or recreational purposes. No house of worship, school,
club, charitable institution or college or any place of public assembly
shall be of frame or combustible construction, except the roof, as
shall be approved by the Construction Official.
An area of minimum contiguous size as specified by ordinance,
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses, or both, and any residential and other
uses incidental to the predominant use as may be permitted by ordinance.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
An area of a minimum contiguous size as specified by ordinance,
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by ordinance.
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in this chapter.
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters, which may include appropriate
commercial or public or quasi-public uses, all primarily for the benefit
of the residential development.
The Municipal Planning Board established pursuant to the
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
A map or maps of a subdivision or site plan.
A building type that is a variant of the liner building type,
but which has a small footprint on the ground level at the front of
the lot with the rest of the lot devoted to parking spaces and auto
circulation; with larger floors on the second floor (and higher floors,
if applicable) above all or some of the parking spaces.
A covered platform structure, usually having a separate roof,
at an entrance to a building. (See "deck.")
The conferral of certain rights pursuant to this chapter
of the Code of the City of East Orange prior to final approval after
specified elements of a development plan have been agreed upon by
the Planning Board and the applicant.
The office of a state-licensed professional located within
a residential dwelling.
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic historic sites; and sites
for schools and other public buildings and structures.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body or any
amendment thereto.
The land reserved or dedicated for the installation and maintenance
of stormwater sewers, drainage ditches and sanitary sewers or required
along a natural stream or watercourse for preserving the channel and
providing for the flow of water to safeguard the public against flood
damage, sedimentation and erosion.
An open space conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency or other
public body for recreational or conservational uses.
Any person, firm, corporation or public body that shall enter
into or propose to enter into a contract with a municipality or other
redevelopment entity for the redevelopment or rehabilitation of an
area in need of redevelopment or an area in need of rehabilitation,
or any part thereof, or for any construction or other work forming
part of a redevelopment or rehabilitation project, under the provisions
of the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1.
A contiguous or noncontiguous area to be developed as a single
entity according to a plan, containing residential housing units which
have a common or public open space area as an appurtenance as defined
by the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
An establishment where food and drink are prepared, served
and consumed within the principal building in which the food is prepared.
An establishment whose principal business is the sale of
prepared or rapidly prepared food directly to the customer, where
food is in a ready-to-consume state for consumption either within
the restaurant building or in cars off the premises and where by design
of physical facilities customers may receive food and/or beverages
while remaining in their vehicles.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant portion of
the consumption takes place outside the confines of the restaurant.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but not including conveyances so as
to combine existing lots by deed or other instrument.
Any roadway providing private access to property. Such roadway
shall have a minimum width of 22 feet and may be continuous or shall
provide a minimum turning radius of 75 feet which is not used for
parking and shall be constructed under specifications and in a manner
satisfactory to the Director of Public Works.
An occupant of a rooming house who is not a member of the
family of the operator of that rooming house; and also an occupant
of a dwelling unit who is not the primary occupant of the dwelling
unit.
See "lodging house."
Any habitable room or group of rooms forming a single habitable
unit, used or intended to be used for living and sleeping, but not
for cooking or eating.
A school listed to special instruction, such as in business,
art, music, trades, handicraft, dancing or riding, except that no
such school may be provided in the cellar or basement of a frame building.
An elementary or intermediate school other than a parochial
school giving regular instruction capable of meeting the requirements
of state compulsory education laws and approved as such and operating
at least five days a week for a normal school year and supported by
other than public funds.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A development of residential living units exclusively for
persons who are at least 62 years of age or older, which provides
a continuum of accommodations and care, including at least the following
three components: independent living, assisted living and nursing
care units; and which provides continuing care as an integral part
of the residential development. Continuing care is the provision of
lodging and nursing, medical or other health-related services at the
SCC. Each component of an SCC development shall be subject to all
of the requirements of the State of New Jersey relating to each particular
permitted use. To qualify for approval as an SCC, the applicant must
demonstrate that the SCC has received or will be able to receive all
necessary state approvals for each component of the SCC.
A business establishment conducted to render a personal service,
including shoe repair shops, dry-cleaning shops and laundries, or
conducted to render a household service, including the repair of watches,
clocks, locks, furniture, radios, television sets and other household
appliances, but not including the repair of furnaces and boilers,
refrigerators, air conditioners and other articles of similar bulk
and weight.
A grouping of two or more commercial establishments built
primarily for retailing purposes on common property, planned, developed,
owned or managed as a unit, with a gross leasable area of at least
10,000 square feet and common off-street parking provided on the same
site.
Any structure or part thereof or device attached thereto
or painted on or displayed in any manner or represented thereon which
displays or includes any letter, word, model, banner, flag, pennant,
insignia, device or representation, visible to the public right-of-way
or other properties, used as or which is in the nature of an announcement,
direction or advertisement. For the purposes of this chapter, the
word "sign" does not include billboards or the flag, pennant or insignia
of any national, state or other political unit or of any political,
educational, charitable, philanthropic, civic, professional or religious
organization.
A sign that indicates the address of the property.
A sign that directs attention to a business, commodity, service
or entertainment conducted, sold or offered elsewhere than upon the
premises or not exclusively related to the premises.
An A-shaped, portable, freestanding, business sign used for
advertising commodities, services or entertainment conducted upon
the premises where the sign is located.
The smallest rectangle comprising the dimensions of a sign
and enclosing all letters, symbols and other devices, or comprising
the area of its background if distinguishable from a larger background,
such as the wall of a building. The sign area does not include poles,
bases or other supports or embellishments to the sign structure.
A building-mounted, framed structure with reinforced fabric
covering that projects from the face of the building.
A sign made of fabric or other similar nonrigid material
with no enclosing framework or electrical components that is supported
or anchored on two or more points or edges or at all four corners.
Banner signs also include nonrigid signs anchored along one edge,
or two corners, with weights installed that reduce the reaction of
the sign to wind.
A sign that directs attention to a permitted profession,
office, business, commercial enterprise or industry conducted upon
the premises, which sign shall be deemed an integral part of that
profession, office, business, commercial enterprise or industry.
A sign that directs attention to an event of any political,
educational, charitable, philanthropic, civic, professional, religious
or similar noncommercial organization, but not including any political
sign.
A sign mounted, painted or otherwise applied on or attached
to a fixed canopy or awning constructed to provide protection at the
entrance of a building, either supported entirely from a building
or supported partly from a building and with posts.
A sign supported by uprights or braces or placed upon the
ground and not attached to any building.
A business sign flush-mounted on the vertical surface of
a gasoline pump island canopy above the pumps of a gasoline filling
station. (See "canopy, gasoline pump island.")
The dimension measured vertically from the ground level to
the highest point of a sign.
A temporary sign, in the nature of decorations, clearly incidental
to and customarily associated with recognized federal, state, local
or religious holidays, and which contains no advertising message.
A sign used to identify the name or address of a building,
attached or unattached to the building, or the name of the management
thereof.
The lighting of a sign to enhance its visibility.
The sign is visible at night only by light indirectly falling
upon it from other fixtures, such as street lamps.
External lights are separate from the sign assembly but are
intended to be the primary source of illumination for the sign. External
lights are usually mounted above or below a sign. Examples of external
lighting are gooseneck lamps or down-lighting fixtures.
Internal lighting elements are included in the sign assembly,
such that the sign is lit from within.
The sign itself is made from illuminated neon tubes.
A sign used for the direction and convenience of the public,
including but not limited to signs which identify restrooms, parking
lot and parking structure entrances and delivery entrances.
A sign attached flush to or inscribed on a marquee, which
is a structure attached to or supported by a building and projecting
over the public right-of way.
A sign used to announce events conducted upon the premises
on which the sign is located or to indicate the names of persons associated
with the event or the services offered upon the premises.
A message board sign whose alphabetic, pictographic or symbolic
information content is changed or altered, entirely or in any part,
on a display surface composed of electrically illuminated or mechanically
driven changeable segments.
A message board sign whose information content has been preprogrammed
to include only certain types of changeable information, such as time,
temperature, traffic conditions, or other content subject to prior
programming.
A message board sign whose information content can be changed
or altered by means of computer-driven electronic impulses.
A message board sign whose alphabetic, pictographic or symbolic
information content is changed or altered by manual means.
A freestanding business or civic sign supported primarily
by solid structural features, where the entire bottom of the sign
is affixed to a base on the ground.
An identification sign attached or unattached to a building
or structure, showing the name and address of the person occupying
the building and not exceeding one square foot in area.
An illuminated sign affected by a colorless, odorless light
source consisting of a neon or gas tube that is bent to form letters,
symbols or other shapes.
A square or rectangular case used for the advertising of
cinema or other on-site attractions, affixed to the wall of a theater
or the front facade thereof.
A sign advancing the candidacy of any candidate or group
of candidates for public office, expressly excluding, however, any
such signs posted or displayed on existing commercial billboards by
or with the consent of the owner thereof and any such signs posted
or displayed on licensed motor vehicles in operating condition; provided,
however, that no such vehicle is parked or placed in any location
for the primary purpose of displaying any such sign. Such signs may
not be displayed on any trees or lighting stanchions or other public
property.
A sign that is movable and not permanently attached to a
building or the ground, including A-frame signs, portable message
boards on wheels or trailers, gas-filled or inflated balloons, and
similar signs.
A business sign or civic sign that is attached to a building
or structure, extending in whole or in part beyond the building line
but perpendicular to the building line.
A freestanding, business sign supported above the ground
by one or more supports.
Any sign erected, constructed and maintained upon or over
the roof of any building with the principal support of the roof structure.
A sign intended to display either commercial or noncommercial
messages of a transitory or temporary nature.
A sign placed inside a window consisting of electronically
generated text and images displayed on a computer monitor, television
screen, LCD photo frame, or similar device.
Any sign of solid-face or open-face construction which is
placed against a building and attached to the exterior front, rear
or side wall of any building.
A sign posted, painted, placed or affixed to the interior
or exterior of a window, also including signs that face the interior
of a window and are exposed to public view within three feet of the
window and not including merchandise within a window display.
A standardized strip on one or more facades of a building
for wall-mounted signs.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utilities services, landscaping, structures, signs and
lighting and screening devices; and any other information that may
be reasonably required by the Planning Board or Board of Adjustment
in order to make an informed determination pursuant to this chapter
regarding review and approval of site plans.
In determining the stabilized business occupancy for the
application of parking or other standards contained herein, the Administrative
Officer shall base his/her determination upon the actual roster of
employees and other persons working on the premises on a daily basis;
the usual number of persons needed to operate an establishment of
the type and size involved; and such adjustments as may be necessary
to establish an average use of the premises in light of peak periods,
summer vacations and other special circumstances.
That part of a building, other than a cellar or basement,
between any floor and the floor or top of roof rafters next above.
Any story under the pitched roof, the floor of which is not more than
two feet below the plate, shall be counted as a half story.
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than five feet zero inches.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon a plat heretofore approved pursuant to law
or which is approved by official action as provided by this chapter
or which is shown on a plat filed and recorded in the office of the
County Recording Officer prior to the appointment of a Planning Board
and the grant to such Board of the power to review plats, and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulder, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
The dividing line between the street and the lot.
The street wall of a building at any level is the wall or
part of the building nearest to the street line. Porches, piazzas
or other structures attached to the building, except roofless steps,
shall be considered as a part of the building.
The mean distance between the right-of-way lines thereof
within a block. The right-of-way lines form the boundaries of a strip
of land acquired by reservation, dedication or condemnation to be
occupied or occupied by a street or road.
Any change or rearrangement in structural parts, including
but not limited to partition walls, bearing walls, beams and girders
or in the existing facilities; or an enlargement, either by extending
on a front, side, cubical content or square footage or by increasing
in height; or the moving of any building or part thereof from one
location to another.
A combination of materials to form a construction or part
of a construction for occupancy, use or ornamentation, whether installed
on, above or below the surface of a parcel of land.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development.
The following shall not be considered "subdivisions" within
the meaning of this chapter if no streets are created:
Divisions of land found by the Planning Board or Subdivision
Committee thereof appointed by the Chairman to be for agricultural
purposes, where all resulting parcels are five acres or larger in
size;
Division of property by testamentary or intestate provisions;
Divisions of property upon court order;
Conveyances so as to combine existing lots by deed or other
instrument; and
The assemblage of land and resale of any tract or parcel by
the Chairman of the Housing Authority of the City or other public
agency to any resale by a redeveloper purchasing land from the Housing
Authority or other public agency or body and thereafter subdividing
any such tract or parcel as established by the Chairman of the Housing
Authority or other public agency or body.
The term "subdivision" shall also include the term "resubdivision."
A building, used as a departmentalized, usually self-service,
retail market of a chain-store system or an independent, selling foods
and other household merchandise and which contains a total floor area
of 8,000 square feet or more.
Such portion or portions of the public street or highway
designated by the City Council as a place in which licensed commercial
taxis may stand or temporarily park.
A freestanding structure on which one or more antennas are
located, including lattice towers, guyed towers, monopoles and similar
structures.
A platform structure extending outdoors from a floor of a
house or apartment building, or a patio or other open, often paved,
area adjacent to a house serving as an outdoor living space.
A building or part of a building devoted to public entertainment,
with permanently installed lighting, projection and sound equipment
and associated facilities for motion pictures, concerts and/or stage
productions.
A dwelling with one or two dwelling units that has no fewer
than two stories or more than three-and-a-half stories, a common or
party fire wall with an adjacent unit on the other side of the common
or party fire wall, and with a street and/or yard on at least two
sides of the unit.
A structure containing at least two townhouse units.
Temporary residential living units for groups of persons,
no more than four in number, who are still receiving some type of
medical or psychiatric care or supervision.
Zoning districts and/or redevelopment plan areas in the section
of the City located within 1/2 mile of the Brick Church Station. Transit
village zoning districts and redevelopment plan areas are as follows:
|
VC District
|
Village Core Transit District and Muir's Berkeley Redevelopment
Area
| |
|
ES District
|
Evergreen/Halsted and Evergreen Square Redevelopment Areas
| |
|
MSE District
|
Lower Main Street Redevelopment Area - Phase I and Phase II
| |
|
CAE District
|
Central Avenue Entertainment District
| |
|
TR-2 District
|
Transit Area Medium Density Residential
| |
|
TR-3 District
|
Transit Area Multifamily Structures, Townhouses, Garden Apartments
| |
|
TR-4 District
|
Transit Area Multifamily Structures, High-Rise Apartments, Hotels
| |
|
T-RO District
|
Transit Area High-Rise Multifamily Structures; Offices
| |
|
NW District
|
North Walnut Street Redevelopment Area
| |
|
LM District
|
Lower Main Street Area Phase 2 Area
|
A structure with only two side-by-side townhouse dwelling
units sharing a single common or party fire wall with the adjacent
unit along a shared property line and with open space on at least
three sides of each unit.
Any structure or part hereof, whether separate or part of
a main building, which does not protrude above the finished ground
level in the front yard or side yard with street frontage and does
not protrude more than 2Â 1/2 feet above the finished ground level
at any other point. In no case shall the finished ground level be
graded to an unnatural configuration above or below the existing ground
level of adjoining properties.
The circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with the restrictions governing dimensional standards, including lot
area, lot width, setbacks, yard requirements, or building height,
unnecessarily burdensome or unreasonable in light of the purpose of
this chapter. Undue hardship is present only where, in the absence
of a variance, no feasible use can be made of the property.
The specific purpose or purposes for which land or a building
is designed, intended, occupied or maintained.
A use which is customarily incidental and subordinate to
the principal use of a lot or a building and located on the same lot
therewith.
The primary purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
An appeal to allow a structure or use within a district that
is restricted against such structure or use in particular cases and
for special reasons.
Any area where two or more vehicles in operating condition
are offered for sale or are displayed other than within a completely
enclosed structure.
The narrow vertical hanging flap at the front edge of an
awning. (See "awning.")
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 (FTA), which includes FCC-licensed
commercial wireless telecommunications services including cellular,
personal communication services (PCS), specialized mobile radio (SMR),
enhanced specialized mobile radio (ESMR), paging, and similar services
that currently exist or that may in the future be developed. It does
not include any amateur radio facility that is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas, nor does it include noncellular
telephone service.
An open space of uniform width or depth on the same lot with
a building or group of buildings, which lies between the building
or group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward, except as provided in this chapter.
A yard extending across any street side of a lot between
the side lot lines, the depth of which yard is the minimum horizontal
distance between the street line and the main building or any accessory
building or any projection of either, other than roofless steps, except
as otherwise provided in this chapter.
A yard extending across the rear of a lot, the depth of which
yard is the minimum horizontal distance between the rear lot line
and the rear of the main building or any projection thereof, other
than roofless steps, except as otherwise provided in this chapter.
On both corner lots and interior lots, the rear yard shall in all
cases be at the opposite end of the lot from the front yard for which
the property is addressed.
A yard between the building and the side lot line extending
from the front yard to the rear yard, the width of which yard is the
minimum horizontal distance between the side lot line and the adjacent
side of the main building or any projection thereof, other than roofless
steps, except as otherwise provided in this chapter.
The Municipal Zoning Board of Adjustment established pursuant
to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
This shall be the functional position of a member of the staff of the Department of Policy, Planning and Development appointed to administer Chapter 51, Land Use, of the City of East Orange, including its interpretation and enforcement.
Chapter 52, Land Use, of the City of East Orange.
A document signed by the Administrative Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of Chapter 51, Land Use, or duly authorized variance.
